Friday, October 10, 2014

Fisher v. Carrousel Motor Hotel case brief summary


(4) Fisher v. Carrousel Motor Hotel
F: While the P was in a meeting in D’s hotel, he was approached by one of D’s employees, who snatched the plate from his hand, and shouted that a racial discriminating word. P was not physically injured, but he was embarrassed
I: Whether D’s snatching the plate from P in an offensive manner, without occurring any physical injury, but an embarrassment, is eligible for offensive contact in constituting a battery.
Whether P’s mental suffering arising out of D’s offensive contact, in the absence of any physical injury, can be a personal indignity as a result of an action in battery.
R: D’s snatching the plate from P in an offensive manner, without occurring any physical injury, but an embarrassment, is eligible for offensive contact in constituting a battery
P’s mental suffering arising out of D’s offensive contact, in the absence of any physical injury, can be a personal indignity as a result of an action in battery
C: reversed
Co: The intentional snatching of an object from one’s hand is as clearly an offensive invasion of his person as would be an actual contact with the body.

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